24.Paragraph 1 of schedule 1 sets out the various ways to vote in the referendum, giving voters an entitlement to vote in person at polling stations unless they have opted to vote by post, in which case they may do so. A voter may also vote by using a proxy. Offences related to voting are set out in schedule 6.
25.Sub-paragraph (5) allows someone who is working for a counting officer or is a police constable on duty on the day when polling is taking place to vote at any polling station in the same local council area as the polling station at which they would normally vote (provided they have a certificate as described under rule 15(6) of schedule 2).
26.Sub-paragraph (6) allows voters who have been detained in a mental or psychiatric hospital to vote in person at the polling station, if they have permission from the hospital to do so, or to vote by post or proxy if they are entitled to do so. Sub-paragraph (6)(b) permits someone remanded in custody, and to whom section 7A of the Representation of the People Act 1983 applies, to vote only by post or proxy.
27.This Act uses the term ‘absent voter’ to describe both postal voters and proxy voters. The description of this term is provided in sub-paragraph (8) of paragraph 1. Paragraph 2 grants an absent vote in the referendum to postal and proxy voters already on the relevant lists for Scottish local government or Scottish Parliamentary elections. Such voters are referred to by virtue of sub-paragraphs (2) and (4) as existing postal voters and existing proxy voters.
28.Paragraph 3 deals with new applications for postal votes and proxy votes for the referendum from applicants who are already on, or have applied to be on, the register of electors, including those with anonymous entries. The ‘register of electors’ for the purposes of this Act means the register of local government electors. Applications must be accepted provided they are submitted before the cut-off date, which is 5pm on the sixth day before the date of the referendum (see paragraph 18(1)(a) of this schedule) and meet the requirements set out in this paragraph and paragraph 7. Paragraph 3 also deals with applications from existing postal voters to vote by proxy and existing proxy voters who wish to vote by post, and applications from existing postal voters to have their ballot paper sent to a different address.
29.Paragraph 4 places a requirement on electoral registration officers to keep absent voters lists that comprise a list of all those entitled to a postal vote in the referendum (the postal voters list) and all those entitled to a proxy vote (the list of proxies). Sub-paragraph (4) requires that where someone has an anonymous entry in the register of electors, any entry in the absent voter’s list should include only the person’s voter number. Sub-paragraph (5) requires electoral registration officers to notify anyone who is removed from either of these lists, where it is practicable to do so, with the reason for their removal.
30.Paragraph 5 sets out the requirements for someone who votes as proxy for another voter. The voter can have only one person appointed as proxy to vote for them. The proxy cannot be someone who would be below voting age on the date of the referendum, who would be subject to any other legal incapacity to vote, or who does not fulfil the citizenship qualifications for a local government election. The proxy must also be on the register of electors on the day of the poll. No one can vote as proxy for more than two people who are not their spouse, civil partner or other close family relation. If there is an existing proxy for a proxy voter, the existing proxy is taken to have been appointed as proxy to vote for that person in the referendum. There is a duty on the registration officer to make the appointment of a proxy provided the applicant is entitled to an absent vote and makes an application in accordance with paragraph 3, the nominated proxy is willing and able to be a proxy and the application meets the requirements set out in paragraph 7. These include provision of details of the person the applicant wishes to be appointed as their proxy. Sub-paragraph (11) allows a person to cancel the appointment of a proxy by giving notice to the registration officer, and provides that the appointment is automatically cancelled if a different person is appointed as a proxy for the voter.
31.Paragraph 6 sets out the requirements for voting as a proxy. The proxy can vote by post if they opt to have a postal vote, or they may vote at a polling station. Where someone has a proxy and the proxy opts to vote by post, the person who has the proxy is not allowed to apply for a ballot paper to vote at a polling station (other than a tendered ballot paper as described in rule 24 of schedule 2). They must rely on the proxy’s postal vote. However, where someone has a proxy and the proxy does not opt to vote by post, the person may vote at a polling station, provided they do so before a ballot paper has been issued to their proxy (see paragraph 1(4)). Sub-paragraph (6) requires that where someone applies to the registration officer to vote by post as a proxy for someone else, the application must be granted if they are an existing proxy voter for that person and the application meets the requirements of paragraph 7.
32.Sub-paragraph (7) places a requirement on electoral registration officers to keep a proxy postal voters list comprising existing proxies who opt to vote by post and those whose applications under sub-paragraph (6) have been granted. Sub-paragraph (9) requires that where a voter has an anonymous entry in the electoral register, any entry in the proxy postal voter’s list should include only the person’s voter number. The proxy may only vote by post if they are named on that list. Sub-paragraphs (10) and (11) require the registration officer to retain details (name, date of birth and signature) of those who have applied for proxy votes under this paragraph until one year after the date of the referendum.
33.Paragraph 7 sets out the requirements for applications:
From voters to vote by post.
From voters to vote by proxy.
From existing postal voters for their ballot paper to be sent to a different address.
From existing postal voters to vote by proxy.
From existing proxy voters to vote by post.
From voters wishing to appoint a proxy to vote for them.
From voters wishing to vote by post as proxy for someone else.
From proxies who wish to vote by post for their ballot paper to be sent to a different address.
34.Such applications must be made in writing before the cut-off date (paragraphs 7(2) and 18(1)). They must also include certain information such as the person’s name, date of birth and signature (unless a signature is not required due to a disability or inability to read or write), as set out in sub-paragraphs (3), (4) and (5). Sub-paragraph (7) sets out the requirements for the format of the applicant’s date of birth and signature on the application. Sub-paragraph (8) sets out the required details in relation to the person to be appointed as a voter’s proxy.
35.Sub-paragraphs (9) and (10) allow for emergency proxy applications, where someone becomes unable to vote in person at the polling station due to a disability, or reasons relating to the applicant’s occupation, service or employment that occurs after the cut-off date and that person wishes to appoint someone as their proxy. A person whose disability occurred before the cut-off date for a normal proxy vote but where their application cannot be reasonably made until after the cut-off, can also apply for an emergency proxy vote. An emergency proxy application may also be made by a patient in a mental hospital who is not a detained offender or on remand. Emergency proxy applications must be submitted before 5pm on the day of the poll.
36.Paragraph 8 sets out additional requirements for emergency proxy applications.
37.For proxies on the basis of disability, these are as follows:
The application must contain a statement of the date on which the applicant became aware of the reasons given for requiring a proxy.
If the disability occurred before the cut-off date for a normal proxy then an explanation of why they were unable to apply before the cut-off date must be provided.
Where the application is made on or after the fifth day before the poll, the application must be signed by someone who is 16 or over, knows the applicant, but is not related to the applicant (sub-paragraph (5)).
Under sub-paragraph (6), the person signing the application must certify that the reason given by the applicant, and the date on which it arose, is true to the best of their knowledge and belief.
The person signing the application must also give their name and address, and state that they meet the criteria set out in sub-paragraph (5).
38.Sub-paragraph (10) applies to emergency proxies on the grounds of occupation, service or employment. It sets out that the application should include the name of the applicant’s employer (if the applicant is an employee) or the details of the applicant’s occupation or service (if the applicant is not an employee), as well as the date on which the applicant became aware of the reasons given for needing an emergency proxy vote.
39.Sub-paragraphs (11) to (13) set out additional information that must be provided for emergency proxies on grounds of occupation or employment. These provisions do not apply to service voters.
Where the applicant is an employee, the application must be signed by their employer or another employee to whom the function is delegated by the employer.
Where the applicant is not an employee, the application must contain details of the applicant’s occupation or service and be signed by someone who is 16 or over, knows the applicant, but is not related to the applicant.
The person signing the application in accordance with sub-paragraph (11) must certify that the reason given by the applicant and the details given under sub-paragraph (10) are true to the best of their knowledge and belief.
The person signing the application in accordance with sub-paragraph (11) must also give their name and address. If the applicant is an employee, the person signing the application must state that they are the applicant’s employer or another employee to whom the function is delegated by the employer. If the applicant is not an employee, the person signing the application must state that they are 16 or over, know the applicant, and are not related to the applicant.
40.Sub-paragraph (14) sets out the definition of ‘related to’ and ‘service voter’.
41.Sub-paragraph (15) sets out days which are not to be included in the timetable.
42.Paragraph 9 places an obligation on electoral registration officers to notify applicants for a postal or proxy vote whether the application has been accepted or not, and to give a reason if the application is refused.
43.Paragraph 10 requires the registration officer to supply, on request, as many forms as reasonable to anyone wishing to use them in connection with registering to vote, or to applying for an absent vote, at the referendum. The forms must be free of charge. Paragraph 43 provides that the style of the form for applying for an absent vote is as prescribed by the Chief Counting Officer (CCO).
44.Paragraph 11 requires registration officers to keep a record of the dates of birth and signatures of voters who have applied for a postal or proxy vote. This information must be made available to the relevant counting officer as soon as possible after the cut-off date, which under paragraph 18(1)(b) is 5pm on the eleventh day before the date of the poll. This information is used by counting officers to verify postal voting statements returned along with postal votes.
45.Paragraph 12 states that any entry relating to a voter or proxy who has opted to vote by post should be marked with the letter ‘A’ on any list of voters provided for use at a polling station. This highlights the fact that the voter is an absent voter and is not entitled to vote in person.
46.Paragraph 13 deals with registration appeals made under existing legislation about registering on the electoral register under section 56 of the Representation of the People Act 1983. Sub-paragraph (1) states that until the appeal has been decided, any activity related to the referendum proceeds on the basis that there is no appeal. For example, if an individual is appealing against the registration officer refusing to register them, they are not entitled to a vote in the referendum.
47.Under sub-paragraph (2), if, when an appeal is decided it results in an alteration of the register of electors (which is usually carried out by means of a notice rather than by publication of a completely new register), any referendum-related activity should take place in light of the decision as represented by the notice. In other words, once the notice is issued the appeal decision should be acted upon, but until that point the appeal should be ignored.
